Brokerage Firm Earns $7 Per Script. At a statistical average of 1.2 scripts per member per month (not per employee), that can add up to a butt load of money………..
By Chris Deacon on Linkedin
WARNING: When the truth threatens a business model, legal threats often follow.
Earlier this week, I published a post analyzing a contractual arrangement between a national employee benefits consultant and a major PBM. The contract, sent to me unsolicited and not under any NDA, outlined a per-prescription payment structure — $7 per script — flowing to the consultant when certain distribution channels were used.
In response, I received a cease-and-desist letter from Gallagher Benefit Services demanding I remove the post.
Here’s what the letter doesn’t say:
▪️ It does not claim the information was false.
▪️ It does not dispute the accuracy of the contract excerpt.
▪️ It does not allege that I was under any obligation to keep the information confidential.
▪️ And notably, the C&D letter itself was not marked as confidential.
Instead, the letter objects to the implications of my analysis — namely, that employers should scrutinize whether their consultants are financially incentivized in ways that may not align with the best interests of their health plan or its participants.
Let me be clear:
▪️ Truth is an absolute defense to defamation.
▪️ Commentary on matters of public concern, especially those involving employer fiduciary duties and health plan costs, is protected speech under the First Amendment.
▪️ Attempts to silence such commentary through legal intimidation are increasingly recognized as SLAPPs — Strategic Lawsuits Against Public Participation — and are often treated accordingly in courts and public opinion.
In its place, I will provide a resource for employers that outlines the specific questions they should ask their benefits consultant regarding third-party compensation, incentive structures, conflicts of interest, and fiduciary accountability — because transparency shouldn’t require a subpoena.
I’ll keep shining a light on the questions others are too conflicted — or too afraid — to ask. Because the silence they seek isn’t protection. It’s permission.
If you’ve ever wondered why more people don’t speak up — this is why. I don’t often ask for shares — but I am now. Everyone deserves to see how truth gets treated.
This is a common practice. We have maintained documentation of these activities for many years. Its unbelievable plan sponsors don’t know or care about these practices.
